Haryana

Ambala

CC/69/2019

Jaswinder Singh - Complainant(s)

Versus

Axis Bank Ltd - Opp.Party(s)

Vipinjot Singh

01 Jan 2020

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                          Complaint Case No.:  69 of 2019.

                                                          Date of Institution   : 07.03.2019.

                                                          Date of decision   :  01.01.2020.

 

Jaswinder Singh, Advocate, son of Shri Harbhajan Singh, aged about 51 years, resident of VPO Adhoi, Tehsil Barara, District Ambala.

                                                                             ……. Complainant.

                                                  Versus

 

Axis Bank Ltd., Jeevan Jyoti Building, LIC Office, JLN Marg, Jagadhari Road, Ambala Cantt., through its Branch Manager.

                                                                         ..…..Opposite Party.

         

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.

Shri Vinod Kumar Sharma, Member.                 

                                                

Present:       Complainant in person.

Shri Rahul Vig, Advocate, counsel for the OP.

         

 

ORDER:    SHRI VINOD KUMAR SHARMA, MEMBER

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

1. To refund total amount of Rs.13,573.04P (Rs.10,776.80P+2796.24P) alongwith interest @18% p.a from 18.10.2017 till actual payment in the account of complainant.
2. To pay Rs.50,000/- as compensation for mental agony and physical harassment suffered by him.

 

Brief facts of the case are that the complainant is having saving Bank account No.916010066126958 with the OP. The son of the complainant namely Simranjeet Singh was studying in Canada and having his account No.0176184, Transit No.60020, Institution Number-002, Bank of Nova Scotia, Swift Code: NOSCCATT, Branch address-728 Columbia Street, New Westminster, Canada, Postal Code V3L1A9. For the first time, on 21.04.2017, he sent a sum of Rs.1,00,584.79, from his saving account No.916010066126958, in the above said account of his son through the OP.  And thereafter there was a balance amount of Rs.76,954.71 in his account. On 18.10.2017, he again transferred Rs.66,074.48 in Indian Currency, in the account of his son at Canada and same were debited from his account. Due to wrong posting and some mistake of the official of the Bank the above amount of Rs.66,074.48 was not transferred in the account of his son. When the mistake was detected by the OP, an amount of Rs.55,297.65 was credited in his account instead of crediting an amount of Rs.66,074.48. The complainant again on 30.11.2017, transferred Rs.63.381.64 in the account of his son at Canada and same were transferred in the account of his son. Thereafter, on 30.11.2017, there was an outstanding balance of Rs.2796.24 in his account as shown by the OP. Complainant further stated that the OP with malafide intention charged GST, consolidate charges, Annual Debit Card Charges without any cogent reason for which the OP is not entitled to do so, whereas the complainant after 30.11.2017, never operated the account nor made any transaction through the said account. Thus, he had suffered a loss of Rs.10,776.83 without any fault on his part and was further wrongly and illegally charged/deducted GST and consolidated charges etc. By not crediting an amount of Rs. 10,776.83, in addition to wrongly and illegally charged/deducted GST and consolidated charges+Rs.2796.24 outstanding account total of Rs.13,573.04, the OP has committed deficiency in service. Hence, the present complaint.

2.                Upon notice, OP appeared through counsel and filed written version, raising  preliminary objections regarding maintainability, not coming to this Forum with clean hands, bad for non joinder and mis joinder of necessary parties, locus standi and jurisdiction etc. On merits, it is stated that the complainant has a saving account with the OP. It is denied that due to wrong posting and some mistake of the officials of the Bank the said amount was not transferred in account of the complainant. This is no mistake on the part of OP. There is no deficiency in services and fault on the part of the OP/Bank, as alleged. The Bank cannot be held liable for the mistake of the complainant. As per the information, transaction was reverted back due the Status Account Closed, where the same sent by the complainant. It is further stated that amount had been reverted back and had been credited to the account of the complainant and no charge was deducted for the said transaction. However, the maintaining of minimum balance in bank account is required as per the banking rules. However, if any charges had been deducted on account of non maintaining of sufficient balance then the same are on account of the services availed by the complainant. The OP had not committed any deficiency in service, thus the complaint filed against it, deserves dismissal with costs.

3.                Complainant tendered his affidavit as Annexure CA alongwith documents as Annexure C-1 to C-2 and closed the evidence on behalf of complainant. On the other hand, learned counsel for OP tendered affidavit of Jai Dev, Manager, Axis Bank LIC Building Ambala Cantt. as Annexure OP-A along with documents as Annexure OP-1 & OP-2 and closed the evidence on behalf of OP.

                   In additional evidence learned counsel for the OP tendered on record documents Annexure OP-3 & OP-4 and closed the additional evidence on behalf of the OP.

4.                We have heard the learned counsel for parties and have carefully gone through the case file.     

5.                The learned counsel for the complainant reiterated the version as mentioned in the complaint and prayed for allowing the present complaint. 

6.                Similarly, the learned counsel for the OP reiterated the version as mentioned in the written version and prayed for dismissal of the present complaint.

7.                Complainant had argued that the son of the complainant was studying in Canada and having account No.0176184. On 21.04.2017, he transferred an amount of Rs.1,00,584.79 in the account of his son at Canada. After that there was an outstanding balance of Rs.76,954.71 in his saving account and out of which on 18.10.2017, he again transferred the amount of Rs.66,074.48 in Indian Currency, in the account of his son and same were deducted from his account. Due to wrong transfer of amount of Rs.66,074.48 and some mistake of the official of the Bank the above amount of Rs.66,074.48 was not credited in the account of his son and when the said mistake was detected the amount of Rs.55,297.65 were credited in the account of the complainant instead of Rs.66,074.48. Thus, he had suffered a loss of Rs.10,776.83 without any fault on his part. The complainant again on 30.11.2017, transferred Rs.63.381.64 in the account of his son and same were transferred in the account of his son and on 30.11.2017, there was an outstanding balance of Rs.2796.24. After that he has not made any transaction and OP has deducted Rs.2796.24 on account of consolidated charges, GST etc. from the account of the complainant.

                   On the other hand, learned counsel for the OP argued that on 21.04.2017, complainant had sent the amount and the same is reflected in the statement of account. That transaction made on 18.10.2017, for a sum of Rs.66074.48 to the account of the son of the complainant from the saving account of the complainant was reverted back due to the “Status Account Closed”. The amount has been credited to the account of the complainant and there is no deduction of charges with respect to that transaction. However, the maintaining of remaining balance depends as per the banking rules. However, if any charges had been deducted then the same are on account of the services availed by the complainant, which are mentioned in the statement of account The Bank cannot be held liable for the mistake of the complainant. There is no mistake on the part of OP. There is no deficiency in services on its part and the complaint filed against it, may be dismissed with costs.  

8.                The objection raised by the OP that the complaint of the complainant deserves dismissal on the ground that the complainant did not make the mediator bank as necessary party in the present complaint because of the reason that the OP Bank has no fault. This objection of the OP is not sustainable, hence the same is rejected.

9.                Admittedly, the complainant transferred Rs. 66,074.48 in Indian Currency, in the account of his son at Canada through OP. The plea of the complainant is that the OP is solely responsible for not sending the amount to the account of son of the complainant at Canada. The plea taken by the OP is that the amount of Rs.66,074.48 transferred to the account of the son of the complainant, was credited to the account of the complainant due to “Status Account Closed” without any deduction of charges is not tenable. As no evidence has been placed on record by the OP to prove that the amount of Rs.66,074.48 transferred to account of the son of the complainant at Canada was remitted back to the saving account of the complainant in whole. Perusal of the Annexure C-2, it is clearly evident that on 18.10.2017, out of  Rs.76954.71 an amount of Rs.66,074.48 was debited from the account of the complainant. Thereafter Rs.55,297.65 was credited in the account of the complainant on 24.11.2017, due to which complainant suffered a loss of Rs.10,776.80 at the hands of the OP and for that reason there was a balance of Rs.2796.24 in the bank account of the complainant and due to this reason complainant failed to maintain minimum balance in his account. If OP had remitted back the amount of Rs.10,776.80 into the savings bank account of the complainant then there would be a balance of Rs.13753.04. As such, OP is liable to pay the amount of Rs.13,573.04 (Rs.10776.80 + Rs.2796.24). OP has placed on record statement of account, for the period of 01.01.2017 to 01.01.2018 as Annexure OP-1, which shows that there is an entry of debit of amount of Rs.66,074.48 on 18.10.2017 and thereafter on 24.11.2017 there is an entry of deposit of amount of Rs.55297.65, which clearly shows that the whole amount of Rs.66074.48 debited from the account of the complainant has not been credited by the OP and it had deducted Rs.2796.24 on account of consolidated charges, GST etc. The deduction of an amount of Rs.2796.24 on account of consolidated charges, GST etc. is not tenable as a result of mistake on the part of OP, complainant failed to maintain minimum balance in his account and OP has not mentioned clearly on which basis GST has been charged. As such by not crediting the amount of Rs.10,776.80 and Rs.2796.24 deducted on account of consolidated charges/GST etc., the OP has committed deficiency in service due to which complainant has suffered a lot of mental agony and physical harassment; therefore OP is liable to compensate the complainant adequately.

10.              In view of the aforesaid discussion, we hereby allow the present complaint against the OP. It is directed to comply with the following directions:-

1. To refund total amount of Rs.13,573.04P (Rs.10,776.80P+2796.24P) alongwith interest @7% p.a from 18.10.2017 the date on which amount was debited till its realization.
2. To pay Rs.5,000/- as compensation for mental agony and physical harassment suffered by him.

 

                   The OP is further directed to comply with the aforesaid directions within the period of 30 days from the date of receipt of the certified copy of this order, failing which, the awarded amount shall carry interest @ 9% per annum for the period of default. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 01.01.2020.

 

          (Vinod Kumar Sharma) (Ruby Sharma)              (Neena Sandhu)

            Member                       Member                        President